Cited by 197Criminal Justice and Corrections AnalysisCriminal Justice and PenologyEducation Discipline and Inequality

Race and disparities in sentencing: A test of the liberation hypothesis

Spohn, Cassia, Cederblom, Jerry·1991·Justice Quarterly

Abstract

This paper builds on Kalven and Zeisel's “liberation hypothesis” and explores the possibility that racial discrimination in sentencing is confined to less serious cases. We examined the sentences imposed on defendants convicted of violent felonies in Detroit. We found that defendant's race had a direct effect only on the decision to incarcerate but had indirect effects on both incarceration and sentence length. Further analysis revealed an interaction between the race of the defendant, the seriousness of the case, and the harshness of the sentence. Using a number of measures of the seriousness of the case, we found that race had a significant effect on incarceration only in less serious cases. Our findings provide dramatic support for the liberation hypothesis and highlight the importance of using an interactive rather than an additive model in sentencing research.

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Crossref · 10.1080/07418829100091071

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  • The likelihood of extralegal factors seeping into criminal justice agents' decision-making is greatest when legal factors are murkiest.

    “The likelihood of these extralegal factors seeping into criminal justice agents' decision-making is greatest when legal factors (e.g., offense seriousness, evidence of criminal activity) are murkiest (Kalven & Zeisel, 1966;Reskin & Visher, 1986;Spohn & Cederblom, 1991).”

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Authors
Spohn, C., & Cederblom, J.
Affiliations
University of Nebraska at Omaha (US)
Venue
Justice Quarterly
Published
1991-09-01
Volume
8
Issue
3
Pages
305-327
ISSN
  • 0741-8825 (ISSN-L)
  • 1745-9109
OpenAlex
W2013575550
Cited by
197
References
39
Citations by year
2026: 8 · 2025: 9 · 2024: 3 · 2023: 9 · 2022: 4 · 2021: 7 · 2020: 7 · 2019: 9 · 2018: 4 · 2017: 5 · 2016: 3 · 2015: 9 · 2014: 9 · 2013: 6 · 2012: 9
FWCI
1.92
Type
journal article
Language
en
Open access
closed
Locations
Justice Quarterly (publishedVersion)
Topics
  • Social Sciences › Sociology and Political Science › Criminal Justice and Corrections Analysis
  • Social Sciences › Law › Criminal Justice and Penology
  • Social Sciences › Education › Education Discipline and Inequality
Keywords
sentence length, interactive model, Detroit

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